Liability of the payment service provider for unauthorised payment transactions

In the case of an unauthorised payment transaction, the payer’s payment service provider has no claim to refund of their expenses vis-à-vis the latter. They are obliged to refund the payment amount to the payer promptly and, insofar as the amount has been debited from a payment account, to restore this payment account back to the balance it would have had without being debited with the unauthorised payment transaction. This obligation is to be met without undue delay, but no later than by the end of the business day following that day on which the payment service provider was notified that the payment transaction is unauthorised, or on which the payment service provider has become aware of this fact in some other way. Where the payment service provider has informed a competent authority in writing that they have legitimate grounds for suspecting fraudulent conduct on the part of the payer, the payment service provider is to verify their obligation under sentence 2 without undue delay and is to comply with it if the suspicion as to fraud is not confirmed. Where the payment transaction was initiated via a payment initiation service provider, the obligations under sentences 2 to 4 are incumbent on the account servicing payment service provider.